Complaint Review: State Farm Insurance - Atlanta Georgia
State Farm Insurance State Farm Insurance, State Farm Fire Claims Department, Homeowners Insurance, Liability Insurance, Premises Liability,Personal Injury, Bodily Injury Bad-Faith Insurance Practices Atlanta Georgia
*Author of original report: The Dangers of meter tampering and the effects on the human system
*Author of original report: TOXICOLOGY TESTING AND NEUROLOGICAL TESTING
*Author of original report: MALICIOUS HARASSMENT, SEXUAL, PSYCHOLOGICAL ABUSE and BULLYING
*Author of original report: Supporting Documentation
*Author of original report: False Report Of Drivers Record of Duty
*Author of original report: Landlord Harassment and Illegal Eviction Notice
*Author of original report: Department Of Health Care Services (PI) Program Third Party Liability Recovery Division
*Author of original report: STATE FARM OPEN CLAIM NOVEMBER 2015-OCTOBER 2017
*Author of original report: Claim Documents
*Author of original report: CDI RESOLUTION
*Author of original report: Resolution 11/20/17
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November 13, 2017 California Department of Insurance Claim Service Bureau 300 South Spring Street Los Angeles, CA 90013 I would like to update an existing complaint for further review with The California Department of Insurance addressing State Farm Insurance’s negligence for a personal injury claim on the insured property, 661 Glenburry Way San Jose CA, that was opened on the insureds policy, Javier Garcia, in Nov. 27th 2015. In a notification by letter dated September 18, 2017 State Farm Insurance responded to a complaint I made with The California Department of Insurance regarding bad-faith insurance practices addressing my frustration with the lack of acknowledgement and response from the agency since the date of loss. In the letter they informed me that a second claim had been opened in error with the incorrect date of loss, November 27th 2014 which would have surpassed the 2 year limitation to pursue the claim and to disregard the error. [continued below]....
I replied to State Farms representative handling my claim, Alonzo Baez, that their insured, Mr. Garcia, was involved in the incident and to please investigate further and advise me in writing whether Mr. Garcia contends that anyone other than himself may be in whole or in part legally responsible for the accident on the premises since they failed to promptly provide a reasonable explanation denying coverage for injuries that had been committed on the insured property, deviating from standard procedures, delaying a settlement in good faith when it was apparent no investigation had taken place. Alonzo Baez, the State Farm Representative, replied to my inquiry although he initially sent the letter to the wrong address, the address of the insured, Javier Garcia, 661 Glenburry Way San Jose CA. He informed me of the mistake by telephone and advised me in advance that the letter in transit indicated that upon further review, State Farm made a mistake and declared their insured and property did not have any liability coverage. He apologized for mistakingly sending the letter to Mr. Garcia’s address. I informed the representative that due to the lack of coverage for their insureds negligence causing bodily injury on the insured location that it was important that he address in his letter following their investigation, once again, if their insured contends that anyone other than Mr. Garcia is in whole or in part legally responsible for the acts committed resulting in bodily injury since State Farm delayed and failed to affirm or deny coverage within a reasonable amount of time.
In response, State Farm replied: "We are willing to consider any additional information you feel may impact our decision. We are required by California Insurance Regulations to advise you that if you believe this claim, or any part of this claim has wrongfully been denied or rejected, you may have the matter reviewed by the California Department of Insurance, Claim Service Bureau, 300 South Spring Street, Los Angeles, California 90013.” I have attached documentation that supports my complaint is fair and further attention to this matter is reasonable and should be held accountable for their violations of unfair, deceptive practices and non-compliance with state law COMPLAINT FILED OCT. 2017 California Department of Insurance Claim Service Bureau 300 South Spring Street Los Angeles, CA 90013 Claimant ,Adrian Quirarte, brings this complaint to the California Department of Insurance for review of bad-faith insurance practices including the failure to take proper actions as mentioned below by State Farm Insurance Company. A claim had been submitted to State Farm Insurance for an incident involving personal injury as a tenant on the policy holders premises, where the landlord was severely negligent for the failure to inspect or repair dangerous and unsafe conditions when the hazards present were directly associated with landlords employment as a trailer driver and reported to The Federal Motor Safety Administration for being in regulatory non-compliance and to State Farm Insurance for property damage and personal injury dated November 27th 2015- March 4th 2016. The damage was presumptively intentional and foreseeable. When I first spoke to a claims representative I was assured that a member of the team would review the claim and that as a third-party/tenant, I had a legal right to pursue a claim due to mere negligence or refusal to remove the dangerous factor; however when the appointed representative contacted me, I informed him I was a third party making a claim on the landlords homeowners policy and from there he made absolutely no effort to return my calls, properly investigate the claim , investigate witnesses involved, failed to investigate the property and failed to acknowledge receiving photographs of injuries or any documents that were pertinent to the claim proving severe injuries and landlords liability.
I informed the Agent that the policy holder was a trailer driver and on route making deliveries about 3 weeks out of the month and that I needed their co-operation because there was very little that would persuade the landlord to accept liability even if it meant breaking the law. State Farm should have told the insured that they must report all matters which may result in a claim. If they fail to do so, they’re in violation of the policy conditions (possibly insurance fraud), and the insurance company could deny the claim should it turn into a legal matter. State Farm should not have given the landlord the option to deny the claim when they should have investigated the property since landlords are legally responsible for the failure to keep tenants safe from dangerous conditions on a property or safe from criminal activity and not create defenses for the allegations. Reviewing policies, it is to my understanding that the insured is required to promptly report all losses.
It is possible that the agent advised the insured that he may be liable for more than the policy limits. I have a statement from a court report that was given to a judge for a family matter in June 15 2016, that the landlord and policy holder, Javier Garcia, mentioned in court that the insurance company told him that my claim was worth 250,000.00 but that he closed the claim because again he denied liability and did not want a settlement out of his policy. I personally was never told by the agents that my claim with worth X amount, barely even being given the claim number at times. Bad-faith was committed when the agent(s) have been giving both the third-party and landlord the wrong information. Protecting the landlord would mean handling an honest claim giving the right information to the insured and protect both the policy holder and the insurance carrier because the tenant can then file a personal injury lawsuit or claim against the landlords insurance company or insured for medical bills, lost earnings, pain, physical suffering, permanent physical disability and disfigurement, property damage and emotional distress. The insureds homeowners coverage carries coverage for liability to tenants or third-party injuries on premises and property damage, but State Farm insisted they are not responsible for a claimant’s allegations due to the policy holders misreporting which was both known by the policy holder and the insurance company that was done in bad-faith..
State Farm shortly misinformed the policy holder, the landlord, who failed to exercise reasonable care and maintain the property safe for tenants, and took the claims advisors advice that there would be no penalty for misrepresentation of facts or denying liability and gave the policy holder the option to close the claim without investigation to avoid having a settlement out of his policy or run the risk of being sued in court funding their own defense and settlement. With all the information present, the agent(s) had separate duties to follow up with an investigation or report the claim information given to the insurance carrier whether or not there was liability. Each Agent that I spoke to on the phone had absolutely no information on the claim and kept transferring me to several agents who eventually had no answer or hung up on me. I would be transferred or placed on hold for nearly an hour on each phone call.
There was several. The Agent(s) inconsistency, lack of knowledge of the claim and failure to report or withholding facts, statements, circumstances or information to the insurance company would mean violating the companies policies, committing bad faith when there is a risk the third party can then sue, the insured and State Farm, who should be protected by its agents and given the correct advice; which they should then not expect to receive any defense or indemnification for their insured in court. I recently decided to re-open the claim because I have several losses, pain and suffering, relocation expenses, damaged property, medical bills and further treatment. I am currently undergoing additional examinations by specialists to provide further information and evidence about the accident. Recently I tried to pursue the claim again, State Farm in bad-faith and possibly illegally, took my social security number this time around and I assumed it was for my profile or claim like I was told, however it was later discussed that it was to access my hospital records. I told them that I did not consent to give them access to my personal information without the advice of an attorney and to remove my social security from their system. They said they did not have the ability to remove my social security from their system, and that if I have an attorney, that they could no longer discuss my claim, that all information including the misuse of my social security without my authority could only be released to my attorney and hung up on me.
When I told my doctor what State Farm did, she informed me that State Farm did not have the authority to access medical records without a signed consent form and that I should get help from an attorney. After informing them that I was going to file a report to the California Department of Insurance, State Farm sent me a letter: "Dear Adrian Quirarte: Please contact us within 20 days if you wish to pursue this claim. We will close your claim if we do not hear from you within the time requested. Please be advised no action for your loss can be initiated against our insured unless the action is filed within 2 years after the date of the incident.” Bad-faith was committed when the claim number for the claim was changed ( I was told each time before that a claim number could not be changed because it would result in a duplicate claim), and the date on the letter reports that the incident happened 11/27/14 not 11/27/15 being past the statue of limitations for an insurance claim, however i have several letters and documents that provide proof that the incidents began in November, 27, 2015. I would like to the California Department of Insurance inform me what they can do for me in this situation. I understand that this is quite a long report, but please understand I have been documenting this since late 2015. If needed I can provide letters, documents, photographs, audio recordings, video recordings, medical summaries as of the result of the landlords behavior. This letter has been written as a response to the letter that was just sent by state farm, indicating they could not discuss any information with me about the claim without an attorney, including the misuse of my social security number and changing the incident date on the last letter received by State-Farm dated August 21st 2017. 2015 Claim: 05-7R95-780 Tony Mayhew 855 856-3381 EXT 4806363271 2014 Claim: -050593-W45 Jeffery Conarton Claim Specialist 844 458-4300 EXT 4806363230 FAX 844 236-3646
This report was posted on Ripoff Report on 11/19/2017 01:17 PM and is a permanent record located here: https://www.ripoffreport.com/reports/state-farm-insurance/atlanta-georgia-30348-6169/state-farm-insurance-state-farm-insurance-state-farm-fire-claims-department-homeowners-1412622. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content
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